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[Utah Administrative Code Table of Contents]
[Title R035. Table of Contents]
R35-2-1 Authority and Purpose.
In accordance with Section 63-2-504[Ed.Note: Apparent Utah Code Ref. not found.] and Subsection 63-2-403 (4), Utah Code, this rule establishes the procedure for denial of claims by the executive secretary of the Records Committee.
R35-2-2 Definitions.
In addition to terms defined in Section 63-2-102 , Utah Code, the following apply to this rule:
(a) "Executive Secretary" means the individual appointed annually as required in Subsection 63-2-502 (3), Utah Code.
(b) "Committee" means the State Records Committee in accordance with Section 63-2-501 , Utah Code,
(c) "Hearing" means a meeting by the committee to hear an appeal of a records decision by a government entity in accordance with Section 63-2-403 , Utah Code.
R35-2-3 Declining Requests for Hearings.
(a) In order to decline a request for a hearing under Subsection 63-2-403 (4), the Executive Secretary shall consult with the chair of the Committee and at least one other member of the Committee as selected by the chair.
(b) The Executive Secretary shall organize and disseminate all relevant information and documents to members of the entire committee, including a copy of the appeal and the previous order of the Committee holding the records series at issue appropriately classified.
(c) The two members of the Committee must both agree with the Executive Secretary's recommendation to decline to schedule a hearing. Such a decision shall consider the potential for a public interest claim as may be put forward by the petitioner under the provisions of Subsection 63-2-402 (11)(b), Utah Code. A copy of each decision to deny a hearing shall be signed and retained in the file.
(d) The Executive Secretary's notice to the petitioner indicating that the request for hearing has been denied, as provided for in Subsection 63-2-403 (4)(ii), Utah Code, shall include a copy of the previous order of the Committee holding the records series at issue appropriately classified.
(e) The Executive Secretary shall notify the members of the entire Committee each time an appeal hearing is denied. Such notices shall include a copy of the petitioner's appeal and the previous order of the Committee holding the records series at issue appropriately classified. Any Committee member may request that a discussion of the Executive Secretary's decision be placed on the agenda for the next regularly scheduled Committee meeting.
(f) The Executive Secretary shall report on each of the hearings declined at each regularly scheduled meeting of the Committee in order to provide a public record of the actions taken.
(g) If a Committee member has requested a discussion to reconsider the decisions to decline a hearing, the Committee may, after discussion and by a majority vote, choose to reverse the decision of the Executive Secretary and hold a hearing. Any discussion of reconsideration shall be limited to those Committee members then present, and shall be based only on two questions: (1) whether the records being requested were covered by a previous order of the Committee, and/or (2) whether the petitioner has, or is likely to, put forth a public interest claim. Neither the petitioner nor the agency whose records are requested shall be heard at this time. If the Committee votes to hold a hearing, the Executive Secretary shall schedule it on the agenda of the next regularly scheduled Committee meeting.
(h) The Executive Secretary shall compile and include in an annual report to the Committee a complete documented list of all hearings held and all hearings declined.
[Indexing]
KEY: government documents, state records committee, records
appeal hearings
July 16, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
63-2-403
(4)
